[Federal Register: June 26, 2006 (Volume 71, Number 122)]
[Rules and Regulations]
[Page 36194-36196]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26jn06-7]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD05-06-047]
RIN 1625-AA09
Drawbridge Operation Regulation: Beaufort (Gallants) Channel, NC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is temporarily changing the regulations that
govern the operation of the U.S. 70 Bridge across Beaufort (Gallants)
Channel, mile 0.1, at Beaufort, NC. The rule allows the bridge to
remain in the closed-to-navigation position from midnight on June 30,
2006, until and including 9 p.m. on July 5, 2006, to facilitate the
Pepsi America Sail 2006 event.
DATES: This rule is effective from midnight on June 30, 2006 to 9 p.m.
on July 5, 2006.
ADDRESSES: Documents indicated in this preamble as being available in
the docket, is part of docket CGD05-06-047 and are available for
inspection or copying at Commander (dpb), Fifth Coast Guard District,
Federal Building, 1st Floor, 431 Crawford Street, Portsmouth, Virginia
23704-5004 between 8 a.m. and 4:30 p.m., Monday through Friday, except
Federal holidays. The telephone number is (757) 398-6587. Fifth
District maintains the public docket for this rulemaking.
FOR FURTHER INFORMATION CONTACT: Terrance Knowles, Environmental
Protection Specialist, Fifth Coast Guard District, at (757) 398-6587.
SUPPLEMENTARY INFORMATION:
Good Cause for Not Publishing an NPRM
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM. This rule is necessary due to
the high volume of pedestrians (approximately 400,000) that are
expected to attend this event and as such it has been coordinated with
local marinas and the North Carolina Department of Transportation
(NCDOT). We believe that it is not necessary to draft or publish an
NPRM in advance of the requested start date for this bridge closure due
to the availability of an alternate maritime route. The bridge closure
is also a necessary measure to ensure public safety by allowing for the
orderly movement of vehicular traffic before, during and after the
Pepsi America Sail 2006 event.
Good Cause for Making Rule Effective in Less Than 30 Days
Under 5 U.S.C. 533(d)(3), the Coast Guard finds that good cause
exists for making this rule effective in less than 30 days after
publication in the Federal Register. A 30-day delayed effective date is
unnecessary due to the availability of an alternate local route for
mariners, through Morehead City on the Atlantic Intracoastal Waterway,
which is the result of coordination with local marine facilities. Good
cause also exists for making this rule effective in less than thirty
days to ensure the public interest. The event is scheduled for June 30,
2006, until and including July 5, 2006 and immediate action is
necessary to ensure public safety and provide for the orderly movement
of participants and vehicular traffic during the Pepsi America Sail
2006 event.
Background and Purpose
In the closed-to-navigation position, the U.S. 70 Bridge, at mile
0.1, across Beaufort (Gallants) Channel, has a vertical clearance of
approximately 13 feet above mean high water. The existing regulations
are outlined at 33 CFR 117.822.
On behalf of NCDOT, who owns and operates the U.S. 70 Bridge,
organizers of the Pepsi America Sail 2006 requested a temporary change
to the operating regulations for the U.S. 70 Bridge to facilitate the
event.
[[Page 36195]]
Approximately 10-12 tall ships will moor in the area and provide
opportunities for visitors to tour the vessels. The Pepsi Sail event is
expected to draw approximately 400,000 pedestrians with vehicles to the
region for this 4th of July holiday weekend. The bridge serves as a
primary traffic route for vehicles attending the event. Disruption of
this route to accommodate routine maritime traffic along this waterway
would significantly impact public safety by not allowing for the
orderly movement of participants and vehicular traffic before, during
and after the event.
According to the bridge logs provided by NCDOT, the information
showed that in 2005 from June 30 until July 5, the drawbridge opened on
average approximately 28 times daily for recreational waterway traffic.
Vessel openings will be arranged by NCDOT for tall ships with mast
heights greater than 65 feet. Vessels with mast height greater than 13
feet but less than 64 feet will be directed to transit the alternate
route along the Intracoastal Waterway (ICW) in Morehead City. The U.S.
70 (fixed) Bridge, along the alternate route, at ICW mile 203.8, which
spans Newport River, in Morehead City, has a vertical clearance of
approximately 65 feet above mean high water.
The Coast Guard has informed vessel operators, through local
marinas, of the closure period for the U.S. 70 Bridge across Beaufort
(Gallants) Channel, and openings will be arranged by NCDOT for tall
ships with mast heights greater than 65 feet. Vessels with mast heights
greater than 13 feet but less than 64 feet will be directed to use the
alternate route along the Intracoastal Waterway (ICW) in Morehead City
to minimize the impact to public safety by allowing for the orderly
movement of participants and vehicular traffic before, during and after
the event. Vessels with mast heights lower than 13 feet can still
transit through the drawbridge and waterway during this event, since
the waterway will remain open.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS).
We expect the economic impact of this final rule to be so minimal
that a full Regulatory Evaluation under the regulatory policies and
procedures of DHS is unnecessary.
This conclusion was based on the fact that this rule will have
minimal impact on maritime traffic transiting this area. Since Beaufort
(Gallants) Channel will remain open to navigation during this event,
mariners with mast height less than 13 feet may still transit through
the bridge. Vessel openings will be arranged by NCDOT for tall ships
with mast heights greater than 65 feet to transit the U.S. 70 Bridge
across Beaufort (Gallants) Channel. Vessels with mast heights greater
than 13 feet but less than 64 feet can transit through the local
alternate route, through the U.S. 70 (fixed) Bridge, at ICW mile 203.8,
which spans Newport River, in Morehead City.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities.
This rule will not have a significant economic impact on a
substantial number of small entities because even though the rule
closes the U.S. 70 Bridge to mariners, openings will be arranged by
NCDOT for tall ships with mast heights greater than 65 feet. Mariners
whose mast heights are greater than 13 feet but less than 64 feet will
be able to transit U.S. 70 (fixed) Bridge, at ICW mile 203.8, which
spans Newport River, in Morehead City. Those with mast heights less
than 13 feet will still be able to transit through the bridge during
the closed hours.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking process.
Small businesses may send comments on this action of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247).
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not affect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and would not create an
environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
[[Page 36196]]
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy
action. The Administrator of the Office of Information and Regulatory
Affairs has not designated it as a significant energy action.
Therefore, it does not require a Statement of Energy Effects under
Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies. This rule does not use technical standards.
Therefore, we did not consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under Commandant Instruction M16475.lD,
and Department of Homeland Security Management Directive 5100.1, which
guides the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
that there are no factors in this case that would limit the use of a
categorical exclusion under section 2.B.2 of the Instruction.
Therefore, this rule is categorically excluded, under figure 2-1,
paragraph (32)(e) of the Instruction, from further environmental
documentation. Under figure 2-1, paragraph (32)(e), of the Instruction,
an ``Environmental Analysis Check List'' and a ``Categorical Exclusion
Determination'' are not required for this rule.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATION
0
1. The authority citation for part 117 continues to read as follows:
Authority: 33 U.S.C. 499; Department of Homeland Security
Delegation No. 0170.1; 33 CFR 1.05-1(g); (117.255 also issued under
the authority of Pub. L. 102-587, 106 Stat. 5039.
0
2. From midnight on June 30, 2006, to 9 p.m. on July 5, 2006 in
(117.822, suspend paragraphs (a) and (b) and add a new paragraph (c) to
read as follows:
Sec. 117.822 Beaufort Channel.
* * * * *
(c) From midnight on June 30, 2006, to 9 p.m. on July 5, 2006, the
U.S. 70 Bridge, mile 0.1, at Beaufort NC, may remain closed to
navigation.
Dated: June 15, 2006.
Larry L. Hereth,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. E6-10051 Filed 6-23-06; 8:45 am]
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